Let's donate our blood, then our kidneys, then our hands, legs. If we can't immigrate as a whole, let's then immigrate part-by-part ;)

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bbct

01-22 03:13 PM

Also note - you are allowed only 4 part payments in a year. Especially with ICICI bank. So plan carefully. That way you are left with only 13 EMI's with a smaller amount.

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number30

03-18 06:13 PM

LCA wage is $60K. For the current company it is Ok since I worked only for 8 months. But my concern is W2 with $50K in CA bay area will definitely raise a red flag when it comes to any further encounter with USICS (H1 extn/Labor/I-140/AOS/Consulate stamping). I will need to do a lot of explanation. I�m trying to avoid all that with a $60K W2. You are thinking too much. Whether you are in Bay area or in NYC , it does not matter. All they care is whether you are getting a salary mentioned on the LCA or not.

I

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retropain

09-07 03:48 PM

I guess a lot of folks (including me) have not had the opportunity to file for the 485. And most of the folks who did file 485's have already been approved.

I really appreciate your urge and energy for this. We need more and more people like you as volunteers.

I read section 313. I agree with logic life. You should have the ability to transfer to F4.

It is not fair to assume that the legislation is not favourable for "current" students. Does it clearly say that? No. So, don't assume either way.

If you want to be very sure, you can call your senator's and congressman's office (of those who endoresed/creeated the bill), and talk to a person handling immigration matters or specifically this bill. Confirm your belief/assumptions and then write letters etc.

Meanwhile, see if this helps:

313: "Creates a new "F-4" student visa for doctoral candidates studying in the fields of..."

The word new refers to the visa and NOT the student. And, "studying" in implies current students. :-)

I�m a legal immigrant, I140 approved and on EB3 waiting list, priority date 04/2006. I need to renew my valid SC driver's license that will expire on 08/15/2010. Went to SC DMV today and they confiscated my valid SC drivers license card, issued a sheet of paper (Letter size) with letter head "Temporary driver's license card" witho no photo on it. This "document" is only valid in SC. May take up to 60 days to re-issue my SC DL card. I'm a professional electronic engineer and my work requires to travel outside the SC state. Why do I need to be punished? Just because I am a foreigner! This is an interesting story where the SC and other states illegal Immigration Reform Act is affecting legal immigrants very badly. Is all about illegal immigrants or there is a growing xenophobia in the USA? If you are a foreigner but legally in this country you are consider guilty until proven innocent? Or all immigrants are consider illegal?

Since I did not know how to write my name in my native alphabet, I askd my wife to write it for me. Is this an issue? Is there any requirement that one must write the name in native alphabet in one's own handwriting?

Btw, one twist I have is that my birth certificate is in Punjabi. How should I get that translated. Is there a procedure? Or simply should/can I get some equivalent, such as affidavite from my parents attested by some govt authority etc.,

Also, in case I can't make it now (depends on preponing air tickets etc), may I have to wait couple of more years. My priority date is Mar'05 and EB2. Some rough idea atleast..

thanks so much, -Prasad PS: really thanks.. a zillion. I am not even able to contact my attorney now. So your responses are helping me invaluably.

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sundarpn

06-30 04:04 PM

eb3retro,

Did u change employers on EAD? or H1b transfer?

Also when you renewed EAD & AP: 1. Did you do it yourself? or did u have your new employer do it?

2. Did u get any RFE's when you renewed your EAD/AP well after you switched employers. (I assume you changed addresses in this process).

Many Greencard holders have a difficulty marrying spouses from another country (than USA). USCIS imposes harsh rules and Greencard holders can not even bring their spouses on a travel permit for visitation rights. Prisoners fare better as they have visitation rights and their spouses can come and see them.

V-Visa is introduced to alleviate these problems of Greencard holder spouses. But V-Visa provisions allow only greencard holders from 2000 and before to bring their spouses here and V-Visa does not expire.

Is IV going to work on extending the V-Visa provisions to beyond 2000?

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a_yaja

07-07 09:48 PM

I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?

1. My LC was sent back to me on Tues (after 4 years). 2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate. 3. I am currently a little less than that if I can take into account all bonuses etc. 4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money". 5. Else - other option is to challenge the DOLs definition of prevailing wage rate. 6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review. 7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.

What should I do???

Depends on a lot of factors. 1. Under what category are you planning to file for I-140? - EB1, EB2 or EB3? 2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)? 3. How far are you from the 95% difference from your current salary ?

The reason I ask is this: If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.

If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.

If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).

IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.

I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.

1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent? 2. Can my wife get it done without me getting an FP notice? 3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice? 4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?

Please help us with your expertise. Thank you very much for all your time.

PD: Aug 2005 EB3 INDIA Nebraska

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zCool

02-20 09:03 PM

Just wait it out till you get I140 approved. What is the hurry? What would happen in another 6-12 months? In you case, lets say company B decides to let you go .. then at least you should get them to agree to give support till 140 comes thro' Otherwise they will be well within their moral right to withdraw 140 app and then where will you be?

I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.

Thanks

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yagw

06-04 01:17 AM

http://www.mercurynews.com/topstories/ci_12514065?nclick_check=1

FTA:

"... The law would also increase numerical caps on the number of visas for countries such as Mexico, the Philippines, China and India. People from those countries hoping to immigrate to the U.S. routinely face waits of more than a decade in a system with a backlog of 5.8 million people. ..."

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GC_ki_daud

03-13 03:27 PM

:confused:

pappu

07-12 02:59 PM

I got different answers from Khanna and Murthy.

Khanna office saying we can apply for 485 with old priority date(140 will be approved with new pritority date), murthy office said it's better to get 140 approval with old priority date and then go for 485.

check with your attorney. when you file for the 485 you can use old priority date. priority dates can be transferred if old 140 was approved and you changed the company to restart the process all over again.

bbenhill

10-12 06:26 PM

Hi, I have another question regarding I-94. My last I-94 is from H1B approval, the previous I-94 was from airport (and expired as well, issued : 2006).

Today, I got answer from my attorney office that I will need to surrender my previous I94 (from airport not from H1B approval).

I found this confusing, here are the questions : 1. what happened if I surrender airport I-94 ? will USCIS assume I am out ouf status for a couple of years ? 2. which one that I need to surrender ? is it from airport or H1B approval ?

Please advice ... I am really confuse with this immigration things ..

Regards,

You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...